1. With the aim of improving Victoria's pool safety regulation framework and preventing like deaths, I recommend that during the review of the Building Regulations 2006, the Minister for Planning consider adopting elements of the framework enacted in Queensland, including but not limited to, requiring that a pool safety certificate be obtained prior to a property with a pool being sold or leased.

2. With the aim of improving Victoria's pool safety regulation framework and rigorously monitoring compliance, I recommend that, as anticipated in the recommendation made by Deputy State Coroner lain West in the Finding following the Inquest into the death of Lauren Kayley Harris dated 14 October 2014, the Minister for Planning consider the creation of a statewide pool register.

3. With the aim of emphasising and enhancing the role of real estate agency staff in detecting malfunctioning pool safety barriers in rental properties, I recommend that the Minister for Consumer Affairs, Gaming and Liquor consider that onsumer Affairs Victoria also produce a pro forma Routine Inspection Report document, which incorporates reference to 'pool fence and gate' and 'spa fence and gate', as in its condition report.

The 2012 Coroner’s Inquest into the death by drowning of Victorian toddler Lauren Harris made seventeen recommendations, all of which SPASA Victoria endorses. The following ten are particularly relevant to this discussion:

Coroner’s recommendations

SPASA Victoria’s view

1. If the pool builder contracts with the property owner to only construct a swimming pool (and not also the pool safety barriers) then the responsibility to construct the mandatory safety barriers will be imposed on the owner.

10. Parliament consider providing a single piece of legislation containing a uniform set of rules and requirements relating to the construction and fencing of pools, irrespective of their date of construction.

SPASA Victoria supports the concept of a single piece of legislation containing a uniform set of rules and requirements relating to the construction and fencing of pools.SPASA Victoria suggests consultation around simplifying barrier rules, noting that it will be physically impossible for some older pool barriers to be modified. Blanket retrospective barrier regulation amendments will not be practically possible to implement.

The Evidence From Other States of Australia

Pool and spa barrier inspections are currently mandatory in three states - NSW, QLD and WA. Since the introduction of mandatory inspections in WA in 1992, there has been an 80% reduction in the rate of toddler drownings*. This Western Australia data proves that mandatory barrier inspection legislation works.*8.7 deaths per 100,000 people in 1992 down to 1.66 deaths per 100,000 people in 2016 (Source: Royal Life Saving Society WA Inc)

Life Saving Victoria - Drowning Deaths of Children 0-4 years in Home Pools (2006/07 to 2015/16)

There were 13 drowning deaths of children aged 0-4 years of age in home swimming pools (and outdoor spas) in Victoria from 1 July 2006 to 30 June 2016 (See Figure 1 in article below).

All drowning deaths occurred on a weekday (one occurred on a public holiday), with nine occurring in the afternoon. The majority of deaths (eight) occurred in the summer and ten occurred in Greater Melbourne.

Similar to previous reports, coronial records indicate that the deaths primarily resulted from a combination of inadequate carer supervision immediately prior to the drowning, lack of adequate safety barriers between the child and the pool/spa and availability of an entry point.

Examples of inadequate safety barriers and available entry points include: safety barrier gate left propped open or door left open, faulty gate lock, safety barrier fence not maintained or adaptations to fence or surrounding area made so it no longer complied with the Australian Standards. There were also cases where a climbing point allowed access to the swimming pool.